Burton v. Sparks

Appellee, John C. Sparks, was granted a final injunction by the court below perpetually enjoining the appellant, Carl L. Burton, from obstructing or in any way interfering with the use of a certain public highway. The highway in question was alleged to have been established by continuous user by the public for a period of more than forty years, and extended from a farm gate upon the eighty-eight acre improved farm of appellee, across land of appellant, to a public highway of Monroe County, Indiana, known as the “Buena Vista road.”

Appellant, upon appeal, is relying upon the claimed error of…